Private Enforcement Of Competition Law In Europe


Private Enforcement Of Competition Law In Europe
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Public And Private Enforcement Of Competition Law In Europe


Public And Private Enforcement Of Competition Law In Europe
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Author : Kai Hüschelrath
language : en
Publisher: Springer
Release Date : 2014-08-01

Public And Private Enforcement Of Competition Law In Europe written by Kai Hüschelrath and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-01 with Business & Economics categories.


Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.



Private Enforcement Of Eu Competition Law


Private Enforcement Of Eu Competition Law
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Author : Pier Luigi Parcu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28

Private Enforcement Of Eu Competition Law written by Pier Luigi Parcu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.


During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.



Private Enforcement Of European Competition And State Aid Law


Private Enforcement Of European Competition And State Aid Law
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Author : Ferdinand Wollenschläger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09

Private Enforcement Of European Competition And State Aid Law written by Ferdinand Wollenschläger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.


Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.



Private Enforcement Of Competition Law In Europe


Private Enforcement Of Competition Law In Europe
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Author : Rafael Amaro
language : en
Publisher: Bruylant
Release Date : 2021-06-10

Private Enforcement Of Competition Law In Europe written by Rafael Amaro and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.


This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.



Eu Competition And State Aid Rules


Eu Competition And State Aid Rules
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Author : Vesna Tomljenović
language : en
Publisher: Springer
Release Date : 2017-12-28

Eu Competition And State Aid Rules written by Vesna Tomljenović and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.


This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.



Private Enforcement Of Competition Law


Private Enforcement Of Competition Law
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Author : Jürgen Basedow
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2011

Private Enforcement Of Competition Law written by Jürgen Basedow and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Antitrust law categories.


The victims of violations under EU competition law will, in practice, rarely receive restitution for the damages suffered. Authorities established by the European Commission to abolish this maladministration by the Council discussed this concern during a special meeting in June 2009 - in particular, the possibility of private enforcement of competition law. Results of the meeting are documented in this book.



Private Enforcement Of Competition Law


Private Enforcement Of Competition Law
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Author : Luis A. Velasco San Pedro
language : en
Publisher: Lex Nova
Release Date : 2011-10

Private Enforcement Of Competition Law written by Luis A. Velasco San Pedro and has been published by Lex Nova this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10 with Law categories.


The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, pluralist overview of the subject by providing transversal approaches, joint assessment and information on various national experiences alongside more specific contributions that study specific matters of substantive and procedural law, by covering practically all the relevant issues in this field. The work also addresses the main problems of the system vis-à-vis private international law and its connection and interaction with public enforcement. Also available in Spanish language, with the title: La aplicación privada del Derecho de la competencia.



Private Enforcement Of Eu Law Before National Courts


Private Enforcement Of Eu Law Before National Courts
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Author : Folkert Wilman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25

Private Enforcement Of Eu Law Before National Courts written by Folkert Wilman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Law categories.


Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.



Research Handbook On Private Enforcement Of Competition Law In The Eu


Research Handbook On Private Enforcement Of Competition Law In The Eu
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Author : Barry J. Rodger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14

Research Handbook On Private Enforcement Of Competition Law In The Eu written by Barry J. Rodger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.


The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.



Private Enforcement Of Ec Competition Law


Private Enforcement Of Ec Competition Law
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Author : Jurgen Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2007-01-01

Private Enforcement Of Ec Competition Law written by Jurgen Basedow and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Law categories.


The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and, issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.